NUMBER 13-14-00291-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JENNIFER PENA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 156th District Court
of Live Oak County, Texas.
____________________________________________________________
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Perkes and Longoria
Order Per Curiam
Appellant, Jennifer Pena, has filed a notice of appeal with this Court from her
convictions in trial court cause number L-12-0036-CR-B. The trial court's certification of
the defendant's right to appeal shows that the case is a plea-bargain case and the
defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2).
On, May 21, 2014, we ordered appellant's counsel, Julie Balovich, to, within thirty
days, review the record and advise this Court as to whether appellant has a right to
appeal. See TEX. R. APP. P. 44.3, 44.4. Counsel responded to this Court's order by
filing a motion to retain the appeal. The motion states that that the judgments are
adjudications of guilt based upon a plea bargain for deferred adjudication, but the
adjudications/revocations themselves were based upon pleas entered into in open court
without a plea bargain agreement. Counsel has filed a motion to amend the trial court
certification of appeal with the trial court.
Because of the ambiguity of the reporter’s record and certification, we ABATE this
appeal and REMAND this cause to the trial court for a hearing to determine whether the
appellant has the right of appeal. We further direct the trial court to issue findings of fact
and conclusions of law regarding these issues. The trial court's amended certification,
and any orders it enters shall be included in a supplemental clerk's record. The trial court
is directed to cause the supplemental clerk's record to be filed with the Clerk of this Court
within thirty days of the date of this order. Should the trial court require more time to
comply with the directions of this Court, it shall request an extension prior to the expiration
of this deadline. Appellant’s motion to retain appeal is CARRIED WITH THE CASE.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
25th day of July, 2014.
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